A history of marriage and citizenship: Kalanga women's experiences in post-colonial Botswana until 2005

[摘要] English: This study examines Kalanga women‟s experiences in relation to marriage and citizenship legislation in Botswana between 1966 and 2005. The analyses of the study are based on legislation affecting all women in Botswana, but are specifically focused on a group of rural women of Kalanga origin. A number of legislations in Botswana affected the Kalanga women, but the emphasis of this study falls on the Citizenship Act (1984), leading to its amendment in 1995, and the Abolition of Marital Power Act (2004). The Citizenship Act (1984) had to be amended because it discriminated against women as it rendered the passing on of citizenship to children patrilineal. The Abolition of Marital Power Act (2004), on the other hand, came about as a result of oppression that married women faced as they did not have rights and were considered minors as per common and customary law.This study also traces the events of the Unity Dow case, and the extent to which it helped improve the status of Kalanga women. Dow took the government to Court in 1990 as she believed that she too had the right to pass citizenship on to her children despite the fact that she was married to a foreign citizen. The High Court and the Court of Appeal ruled in her favour as the Act itself contradicted the country‟s constitution. Kalanga women who faced the same challenge as Unity Dow benefited from the court ruling. After the Government lost the case it was forced to amend either the Citizenship Act (1984) or the constitution. Amending the constitution so as to allow gender discrimination was not an option. This was because the world had started to pay attention to women‟s rights in Botswana. The patriarchal nature of the Kalanga ethnic group, gave men marital power. Hence, this study examined how the Abolition of Marital Power Act (2004) improved the status of women in their families and examined whether they benefited from the newly instituted Act.

[发布机构] University of the Free State